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West Virginia Income Maintenance Manual Chapter 24

West Virginia Income Maintenance Manual Page 73 Chapter 24 Long Term Care

24.8.5.D.1 Verification of Client’s Residency and Status of Policy-Issuing State at the Policy’s Issuance To be eligible for the LTCIP Asset Disregard, the policy owner must have been a resident of a Partnership State AND the issuing State must have been a Partnership State at the time the policy was issued. • When a West Virginia resident verifies ownership of a Qualified LTCIP Policy issued by a West Virginia insurer or another Partnership State with an issuance date on or after July 1, 2010 and the individual verifies insurance payments made to him or on his behalf as of that same date, his individual resources may be disregarded dollar-for-dollar in the same amount as the insurance payments made. His resources are protected in this same amount at Estate Recovery. Partnership State Example 1: Mrs. Balsam applies for Medicaid on October 16, 2011 and states she has a West Virginia-issued LTC policy that has been paying insurance benefits to her since her institutionalization in August 2011. Her DFA- LTCIP-1 indicates her policy was purchased on April 1, 2010. Mrs. Balsam has an LTC policy but it is not a Qualified LTCIP Policy since West Virginia was not a Partnership State until July 1, 2010. Mrs. Balsam’s assets cannot be disregarded. Partnership State Example 2: Mr. Zinnia is a lifelong West Virginia resident. He owns a Florida-issued Qualified LTCIP Policy purchased January 1, 2009 which is after the date Florida became a Partnership State (January 1, 2007). West Virginia became a Partnership State on July 1, 2010. Therefore, since Mr. Zinnia was not a resident of a Partnership State when his policy was issued, he is ineligible for the LTCIP Asset Disregard. Partnership State Example 3: Mr. Begonia is a lifelong West Virginia resident. He purchased a Qualified LTCIP Policy from Minnesota on September 1, 2010 and applied for Medicaid on February 11, 2011. Since Minnesota became a Partnership State on July 1, 2006, his Policy was issued by a Partnership State at the time of purchase and he was also a resident of West Virginia, another Partnership State at that time; therefore, as long as he verifies insurance payments made after July 1, 2010, he is eligible for the LTCIP Asset Disregard to be applied to his individual resources in the amount of insurance payments made. • When a West Virginia resident was a former resident of a Partnership State and purchased a Qualified LTCIP Policy issued by that state, as long as his policy was issued as of the date of his former State’s SPA that implemented the LTCIP and